Thompson v. Inhabitants of Bolton
Massachusetts Supreme Judicial Court
Tout under R. L. c. 51, § 18, against the town of Bolton for injuries incurred from an alleged defect in a road over Long Hill in that town leading from the Hudson Road, so called, to the Stowe line, and alleged to be a highway, while the plaintiff was driving a horse in an open wagon about nine o’clock in the morning, returning from having taken her children to the “ barge ” to be driven to school.
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Tout under R. L. c. 51, § 18, against the town of Bolton for injuries incurred from an alleged defect in a road over Long Hill in that town leading from the Hudson Road, so called, to the Stowe line, and alleged to be a highway, while the plaintiff was driving a horse in an open wagon about nine o’clock in the morning, returning from having taken her children to the “ barge ” to be driven to school. Writ dated April 24, 1902. At the trial in the Superior Court before Bishop, J., the evidence was introduced which is described in the opinion. The defendant asked the judge to rule that on all…
1Opinion of the CourtRttgg, J.
The place where the plaintiff was injured was on a little travelled back road. There were three houses on it in one of which the plaintiff lived. There was no evidence that it had ever been laid out as a highway, but there was evidence that it had been used for more than twenty years as a way, that its side lines were marked by walls, and that repairs had been made upon portions of it by officers of the defendant within six years. The plaintiff had been using the road frequently, and knew of the place where the injury occurred for about two years. Her description of the accident was as…
2Cases cited8 opinions
- Keith v. Worcester & Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Kelly v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1888
- Powers v. City of BostonMassachusetts Supreme Judicial Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Mello v. City of PeabodyMassachusetts Supreme Judicial Court · 1940
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Lamereaux v. TulaMassachusetts Supreme Judicial Court · 1942
8 more not listed; retrieve them via the Exa API.